01/06/09
Travel Requirements for Adjustment of Status Applicants
Adjustment of Status applicants may not depart the United States until they have applied for, and received, an original Advance Parole document from USCIS. One exception to that rule is for people who are in valid H-1, H-4, L-1 or L-2 status. People in those visa classifications may depart and reenter the United States without Advance Parole, using a valid H-1, H-4, L-1 or L-2 visa. Assuming the person is admissible in one of those visa classifications, his or her Application for Adjustment of Status will not be considered abandoned should the applicant depart the Unitd States before Advance Parole is issued.
Before departing the United States, the employee and family members must be sure to carry all of the necessary documents to prove that he or she is in valid H-1, H-4, L-1 or L-2 status and continues to be eligible for reentry under one of those visa classifications.
Until recently, the list of documents included an original I-485 receipt notice. However, on October 31, 2007, USCIS issued a final rule removing that requirement. Now H-1, H-4, L-1 and L-2 nonimmigrants no longer need to an I-485 receipt notice to avoid having the Adjustment of Status Application deemed abandoned at the Port of Entry. The rule became effective on November 1, 2007.
Of course there is always an element of risk when travelling internationally, which is why we recommend that all Adjustment of Status applicants also apply for Advance Parole. Under the new USCIS fee structure, there is no additional USCIS filing fee to apply for Advance Parole.